AP787043 - Liquefied Petroleum Gas Industry Award 1998
31.1 Overtime – Day Work
31.1.1 All time of duty in excess of and/or outside of the hours prescribed in clause 6.1(a) of this award will be paid at the rate of time and half for the first two hours on any one day and double time thereafter, such double time to continue until the completion of the overtime work.
31.1.2 All overtime will be paid on the weekly rate of pay that the employee is being paid.
31.1.3 Each day's overtime will stand alone and be paid for in addition to the ordinary weekly or casual wage, as the case may be.
[31.1.4 substituted by PR939461 ppc 18Sep03]
31.1.4 Subject to clause 31.1.4 (i) an employer may require an employee to work reasonable overtime at overtime rates. Such overtime will not exceed 16 hours in any one week unless there is agreement between the employer and the employees.
31.1.4 (i) An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable with regard to:
31.1.4(i)(a) any risk to employee health and safety;
31.1.4(i)(b) the employees personal circumstances including any family responsibilities;
31.1.4(i)(c) the needs of the workplace or enterprise;
31.1.4(i)(d) the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and
31.1.4(i)(e) any other relevant matter.
31.1.5 An employee, other than a casual employee, who works so much overtime between the termination of ordinary work on one day and the commencement of ordinary work on the next day that he/she has not had a rest period of ten hours will, subject to this subclause, be released after completion of such overtime until he/she has had ten hours rest period. This rest period will be without loss of pay for the ordinary working time occurring during such absence. Provided that should an employee's rest period as aforesaid end within two hours of their normal ceasing time, he/she will not be required to report for work on that day. If, on the instructions of the employer, an employee resumes or continues to work without having had such rest period the employee will be paid at double time until he/she is released from duty for such rest period; the employee will then be entitled to be absent until he/she has had the rest period, without loss of pay for ordinary working time occurring during such absence.
31.1.6 An employee other than a 7 day shift worker recalled to work overtime after leaving the employer's premises (whether notified before or after leaving the premises) will be paid for a minimum of 3 hours work at double the ordinary rate. This subclause will not apply in cases where it is customary for an employee to return to the employer's premises to perform a specified job outside ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.
31.2 Travelling Time - Call Ins
31.2.1 Any employee who is contacted on any day of the week at home and responds to a call in to work involving an additional trip to and from the work place will be paid one hour at ordinary-time rate of pay for travelling time irrespective of the distance travelled.
31.2.2 This subclause will not apply to an employee on standby or in cases where it is customary for an employee to return to the employer's premises to perform a specific job outside ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time, or in the case of planned overtime (on weekends, public holidays, etc.) where notice of such overtime is given before the employee leaves the workplace.
31.3 Cancellation of Overtime
31.3.1 If notice cancelling a previous instruction to work overtime is given to an employee before leaving the workplace, a penalty payment will not be payable.
31.3.2 If notice cancelling the instruction is sent or telephoned to the employee's registered address before the employee would normally have left to commence work, he/she will be paid a minimum of:
31.3.2(a) two hours at ordinary-time rate in the case of a weekday overtime cancellation and
31.3.2(b) four hours at ordinary-time rate in the case of a weekend work or holiday work cancellation
provided that an additional penalty will not be payable if the employee is not at their registered address when notice of cancellation is delivered or telephoned and they subsequently report for work.
[31.3.3 varied by PR919670 PR948399 PR959011 PR975461 PR979350; PR983397 ppc 01Oct08]
31.3.3 If notice of cancellation provided in subclause 6.5.1(h)(iv) hereof is not delivered or telephoned to the employee's registered address at least one hour before the employee would normally leave to commence work and the employee would normally be expected to partake of a meal at the work place during the period of overtime now cancelled, he/she will be entitled to a meal allowance of $13.99.
31.3.4 For the purpose of this clause “registered address” means the address recorded by the employer.
31.4 Saturday work - day workers
31.4.1 For all work done on a Saturday the rates of pay will be time and a half for the first two hours and double time thereafter.
31.4.2 An employee required to report for work on Saturday will be paid for at least 4 hours at the appropriate rate for each attendance.
31.5 Sunday work - day workers
31.5.1 For all work done on a Sunday the rates of pay will be double time, such double time to continue until the employee is relieved from duty. An employee required to report for work on a Sunday will be paid for at least 4 hours at double time for each attendance.
31.5.2 An employee, other than a casual employee, who works on a Sunday and (except for meal breaks) immediately thereafter continues such work will on being relieved from duty be entitled to be absent until he/she has had the period of rest as provided under Clause 6.5.1(e) without reduction of pay for ordinary time of duty occurring during such absence.
